Fighting for Your Rights, Freedom & Driving Privileges in Arkansas
If you've been charged with drunk driving in Arkansas, don't hesitate to seek effective legal representation. To reduce the risk of having your license suspended or facing more serious consequences, you need a reputable DWI lawyer by your side immediately. Nelson & Marks PLLC has helped countless clients in the Bentonville area and throughout Northwest Arkansas with their DWI cases. You can trust our team to help you, too.
Can You Refuse to Take a Breathalyzer Test in Arkansas?
You can refuse to take a breathalyzer test. However, refusing to take the test implies will lead to different consequences. Although you have the "right" to refuse a test, it may constitute the separate violation of "Refusal." The results of a portable breathalyzer test are not even admissible in court due to the technology's inherent unreliability. Arkansas has an "implied consent" law that states that if you drive, you have "impliedly consented" to take a breathalyzer or another chemical test such as blood, or urine.
Although an officer cannot physically force you to take a breathalyzer or other chemical test (except with a search warrant issued by a judge), you will be charged with a Refusal to Submit to a Chemical Test if you refuse to take such a test. If you want to know if you should refuse the test or not, you must evaluate your own personal consequences, typically relating to the associated drivers license suspension that will likely result, if you take the test or if you refuse.
Call (479) 202-4541 today to schedule a consultation with a renowned Bentonville DUI lawyers. You can meet with us in a free consultation.
What is the Difference Between DUI and DWI in Arkansas?
In Arkansas, DWI refers to an adult who has a BAC greater than 0.08. A DUI, on the other hand, refers to an underage (younger than 21) driver with a BAC between 0.02 and 0.08. For someone’s first DWI, their license will be suspended for 6 months. For each subsequent DWI in a 5-year period, that suspension increases. If you have received a fourth DWI within a five year time span, your license will be revoked permanently.
Is a DWI a Felony in Arkansas?
In Arkansas, 4 or more DWIs is considered a felony. If you are convicted of a felony DUI, you are facing a four-year license revocation (with no possibility of a restricted license) and the possibility of spending years behind bars.
Nelson & Marks PLLC is Committed to Your Success
Our team has extensive experience working as both a prosecutor and a defense lawyer dealing with DWI/DUI cases.
When you reach out to Nelson & Marks PLLC, we will:
- Collect video evidence
- Investigate the validity of your traffic stop
- Check on the current status of your license
- Try to get your charges reduced or dropped
We have established strong professional relationships with many different prosecutors in the area, as well as with many of the local judges. They are well aware of our reputation and our long track record of success. Using a wide variety of innovative case strategies, We work relentlessly to preserve our clients’ driving privileges and reduce the impact of their DWI charges. We can help you, too.
The penalties for a DWI in Arkansas are a license revocation or suspension and also the following:
- First offense: punishable by up to 1 year in prison and up to $1,000 in fines. Instead of of a prison sentence the court may order 30 days of community service.
What is the Penalty for a Second DWI Conviction in Arkansas?
Second offense within 5 years after first offense: punishable by up to 1 year in prison and up to $3,000 in fines. Instead of a prison sentence the court may order 60 days of community service.
What is the Penalty for a Third DWI Conviction in Arkansas?
- Third offense within 5 years after first offense: up to 1 year in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 90 days of community service.
What is the Penalty for a Fourth DWI Conviction in Arkansas?
Fourth offense within 5 years after first offense: a felony punishable by up to 6 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 1 year of community service.
What is the Penalty for a Fifth DWI Conviction in Arkansas?
Fifth offense within 5 years after first offense: a felony punishable by up to 10 years in prison and up to $5,000 in fines. Instead of a prison sentence the court may order 2 years of community service.
You will also face tougher penalties if your DWI lead to severe injuries or death.
Why Should You Choose Us?
- We are deeply familiar with all aspects of Arkansas DWI laws.
- Our firm can proficiently navigate you through the criminal proceedings as we help you make well-informed decisions about the future.
- We will ensure you are aware of all the long- and short-term consequences of your choices
- We have the skills set and experience required to help you fight these serious charges.
Contact Nelson & Marks PLLC now at (479) 202-4541 to speak with a Bentonville DWI lawyer about your case. We are more than happy to answer your questions and address your concerns.
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